Home Company News Can you put your own brand logo on the product package without a registered trademark?

Can you put your own brand logo on the product package without a registered trademark?

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Hello, I’m glad to answer for you Yes, , trademark registration is voluntary, but it should not be similar to or similar to the registered trademarks of others

trademark registration needs to follow the following principles:

the principle of combining voluntary registration with compulsory registration . Most trademarks in China adopt the principle of voluntary registration. Producers and operators of goods (mainly cigarettes, cigars and packaged cut tobacco) that must use a registered trademark as stipulated by national laws and administrative regulations must apply for trademark registration. If the registration is not approved, the goods shall not be sold on the market

2. principle of saliency . A trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others (such as design patent right, name right and copyright)

3, principle of trademark legality trademarks applied for registration shall not use signs prohibited by law. Registered trademarks using place names shall remain valid. Without authorization, the agent or representative registers the trademark of the principal or the principal in his own name. If the principal or the principal raises an objection, it shall not be registered and its use shall be prohibited. If there is a geographical indication of goods in the trademark, and the trademark does not come from the area marked by the trademark and misleads the public, it shall not be registered and its use shall be prohibited; However, those who have obtained registration in good faith shall continue to be valid

4. When reviewing and announcing trademark registration applications, adhere to the principle of giving priority to application and giving priority to use . Where two or more applicants for trademark registration apply for the registration of the same or similar trademarks on the same or similar goods, the trademark applied for earlier shall be preliminarily examined, approved and announced; Where an application is filed on the same day, the trademark that has been used earlier shall be preliminarily examined, approved and announced, and the application of others shall be rejected and no announcement shall be made

5. The principle of prohibiting preemptive registration of trademarks. When applying for trademark registration, a trademark that has been used by others and has certain influence shall not be registered first by improper means

the above answers are for your reference. I hope they can help you. You are welcome to praise us and pay attention to us. Thank you

it is possible without infringing on the prior rights of others. But it’s best to register your logo. If someone else registers your logo when you just make your product a little famous, you can’t use it…. It will be very depressing

recently, a boss wanted Xiaobian to give feedback on the use of unregistered trademarks. Later, there were some problems. Today, Qiying Xiaobian will tell you about the problems of using unregistered trademarks. Welcome to read it
I. what is an “unregistered trademark”
an unregistered trademark refers to a trademark that has not been registered by the national competent authority and the user does not have the exclusive right to use the trademark. Unregistered trademarks do not enjoy the exclusive right to use trademarks and cannot be protected by invoking the trademark law
Second, must the goods use a registered trademark?
Article 6 of China’s trademark law stipulates: “the goods that the state stipulates must use a registered trademark must apply for trademark registration, and those that have not been approved for registration shall not be sold in the market.”
at present, China’s laws and regulations stipulate that tobacco products must use registered trademarks. Article 19 of the newly revised tobacco monopoly law stipulates that “cigarettes, cigars and packaged cut tobacco must apply for trademark registration. Without approval and registration, they shall not be produced or sold. It is prohibited to produce or sell tobacco products that counterfeit the registered trademarks of others.” Article 22 of the newly revised regulations for the implementation of the tobacco monopoly law stipulates: “cigarettes, cigars and packaged cut tobacco shall use registered trademarks.”
three risks of using unregistered trademarks
1. Not protected by law
Article 3 of the trademark law stipulates: “trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks and certification trademarks; trademark registrants enjoy the exclusive right to use trademarks and are protected by law.”
therefore, the biggest risk for enterprises to use unregistered trademarks is that trademarks cannot be protected by relevant laws. The enterprise does not enjoy the exclusive right to use the trademark, and other enterprises can also use the trademark
for example, the “Dadi” brand tractor produced by enterprise a is very popular with consumers because of its high quality and low price. However, enterprise a did not register the “Earth” trademark, and other manufacturers marked the word “Earth” on their tractors for sale, thus damaging the interests of enterprise a
2. It is easy for others to rush to register
China’s trademark law stipulates that the exclusive right to use a trademark can only be obtained through trademark registration, and the principle of first application is adopted, that is, Whoever applies for registration first will have the exclusive right to use the trademark
If an enterprise uses an unregistered trademark, once the trademark is successfully registered by others, the enterprise may no longer be able to use the trademark, and the human, material and financial resources previously spent on publicizing the trademark will be wasted
3. It is easy to infringe others’ exclusive right to use trademarks
the use of unregistered trademarks is easy to infringe others’ exclusive right to use trademarks. If the unregistered trademark used by an enterprise is the same or similar to the trademark previously registered by others, it may infringe the exclusive right to use the trademark of the enterprise, thus causing trademark disputes and even bringing both parties to court. If it is finally determined that the enterprise has indeed infringed upon the exclusive right of others to use trademarks, it may also compensate others for their economic losses
4. Trademarks cannot become intangible assets of enterprises
intangible assets refer to identifiable non monetary assets without physical form owned or controlled by enterprises. In the field of intellectual property, intangible assets include patent rights and trademark rights
China’s trademark law stipulates that only successfully registered trademarks can be protected by law and form trademark rights. If an enterprise uses an unregistered trademark, the trademark will not be protected by law, nor can it form a trademark right, nor can it become an intangible asset of the enterprise
do you understand now? The risks of using unregistered trademarks are not small. You can never avoid these risks without registering trademarks
IV. how to register trademarks safely and quickly
1. Make a trademark query before applying for a registered trademark
trademark approximate query refers to the approximate retrieval of trademark components such as graphics and text, which can retrieve whether there are the same or similar previously registered trademarks or previously applied trademarks on the same or similar goods
through trademark approximate query, the probability of trademark rejection can be reduced, so as to shorten the time of trademark registration
2. Combined trademarks should be registered separately
combined trademarks refer to trademarks formed by the combination of any two or more of the six elements of “text, graphics, letters, numbers, three-dimensional signs and color combination”
China adopts the method of single examination of each constituent element to examine the combined trademark. The words, letters, graphics and other elements constituting the combined trademark must ensure that they are not the same or similar to the trademarks already registered or being registered by others before they can pass the examination
if the combined trademarks are not registered separately, once an element is similar, the whole trademark will be rejected, which will affect the whole body. Separate registration, even if one of the trademarks is rejected, will not affect the application of other parts.

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